Sujit Kumar Mandal @ Babloo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18922 of 2014 Arising Out of PS.Case No. -16 Year- 2014 Thana -JAMALPUR District- MUNGER ======================================================

1. Sujit Kumar Mandal @ Babloo Mandal son of Bhudeo Mandal, Resident of Village- Bari Keshopur, P.S. Jamalpur, District- Munger .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar Singh For the Opposite Party : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-06-2015 Heard both sides.

A supplementary affidavit has been filed on behalf of the petitioner.

The petitioner is facing accusation punishable under sections 306 of the IPC and seeks anticipatory bail. In substance, the allegation is that a power of attorney was got executed by the father of the informant in favour of the petitioner through her another aunty, namely Urmila Mandal. The petitioner sold the land but did not pay the amount which distressed the father of the informant leading to the commission of suicide. Nearly two months after the death of the father of the informant FIR was lodged enclosing therewith the letter which was written by the deceased to that effect.

Patna High Court Cr.Misc. No.18922 of 2014 (4) dt.24-06-2015 2/3 Learned counsel for the petitioner submits that the power of attorney was executed by the Urmila Mandal and after sale of land the deposit of the sale proceeds were made in the account of the Urmila Mandal. Relevant details have been enclosed along with the supplementary affidavit. In the facts and circumstances of the case, let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. case no. 16 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two

Patna High Court Cr.Misc. No.18922 of 2014 (4) dt.24-06-2015 3/3 consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T